The Illinois Ginseng Conservation Act (Public Act 83-680)
became law September 23, 1983, for the purpose of conserving wild American
ginseng in Illinois. This law requires licensing and regulation of persons
engaged in harvesting or digging wild ginseng or cultivating ginseng in
Illinois. It also requires licensing and regulation of dealers involved
in the purchase of ginseng in or originating from Illinois.

This Act is required by the U.S. Fish and Wildlife Service
in order that ginseng originating in Illinois can be legally exported
from the United States to the principal ginseng markets in the Orient.
Ginseng is listed in the Convention on International Trade in Endangered
Species of Wild Fauna and Flora, an international treaty entered into
by the United States. Enforcement of the treaty within the United States
rests with the U.S. Fish and Wildlife Service. They require the individual
states to regulate harvest and commerce in ginseng in a manner that will
assure that the species does not become extinct. Cultivated ginseng is
included because of its similarity to wild ginseng.

Regulations Governing Illinois Ginseng Dealers

Dealer’s License

A Ginseng dealers license is required for each individual at a given
location who is engaged in the purchase of ginseng from growers or harvesters.
“Individual,” for the purpose of this Act, is defined as a
person, partnership or corporation. Licenses are valid from April 1 of
one year through March 31 of the following year. Dealers licenses are
available to both residents and non-residents. The fee for a resident
is $50.50 per year and for a non-resident $100.75 per year. Licenses are
available through DNR Direct license and permit vendors, online through the website at DNR Direct or by phone toll free @ 1-888-673-7648. For further questions, call the Commercial License/Permit Office at 217/785-3423.

Definition of Wild and Cultivated Ginseng

“Wild ginseng,” as defined by law, is the root of the ginseng
plant (Panax quinquefolius) which is growing in or has been collected
from its native habitat. Therefore, plants that arise from seed planted
in the wild or plants that have been transplanted into the native habitat
are considered wild ginseng. “Cultivated ginseng,” means ginseng
growing in tilled beds under shade of artificial structures or under natural
shade.

Harvest and Buying Seasons

The season for harvesting wild ginseng in Illinois is from the first
Saturday in September through November 1, annually. The season is the
same statewide. Dealers may purchase wild ginseng only during the period
from two weeks following the opening of the harvest season through the
following March 1. Cultivated ginseng may be harvested by the grower and
bought by the dealer at any time.

Records and Reports by Dealers

Dealers must keep a record of their purchases on forms provided by the
Department of Natural Resources including:

1. Sellers name, address, and harvester or grower license
number (license number can be deleted if a license is not required by
state of origin);2. County(s) and states(s) where the ginseng was harvested
(when purchase is from two or more states or counties a separate entry
must be made for each state and Illinois county);3. Weight in pounds and ounces of purchased ginseng;4. Whether ginseng was wet or dry; 5. Date ginseng was purchased;6. Whether ginseng was certified as to origin by a previous
dealer (if so, give the name of dealer and date certified);7. Whether ginseng was wild or cultivated;The purchase record must be made in duplicate and copy(s)
mailed to the Department of Natural Resources on the last business day
of each month in which purchases are made. The purchase record must be
available to support origin of ginseng being certified for sale and shipment.

The Department is now asking for a year end report.
By May 1 of the year following the harvest season you must submit this
report. The report shall be completed on forms provided by the Department.
The Department will be asking for number of pounds purchased, certified
and sold. The Department will also ask where the ginseng was shipped.

Purchase with Knowledge

Illinois law states that no dealer may purchase wild ginseng if the dealer
knows it was dug or gathered at some time other than the established harvest
season. Dealers may not purchase ginseng from harvesters or growers if
they know the seller does not have a valid license or has otherwise violated
the Ginseng Conservation Act.

Certification

All ginseng purchased by licensed Illinois dealers must be certified
as to kind (wild or cultivated), weight, and origin by a certification
officer of the Department of Natural Resources, Office of Law Enforcement,
before they can sell or ship it. Certification will only be accomplished
within the borders of Illinois. Certification will be done by
appointment only on Mondays, at selected locations throughout
the state (all dealers are mailed the locations with their license or
they may call the Office of Law Enforcement at 217/782-6431 to receive
a copy). The ginseng roots and their purchase records must be examined
by the officer prior to issuance of the certification papers. A copy of
the Illinois Wild Ginseng Shipping Certificate must accompany shipments
of Illinois ginseng for them to be legally exported from the United States.
Procedures for certifying ginseng may vary from year to year. Licensed
dealers will be notified of current procedures prior to the harvest season.
Information on ginseng certification can be obtained by phoning the ginseng
program manager at 217/782-6431. Certification of cultivated ginseng can
occur at any time. Certifying of wild ginseng can only occur from the
opening of the buying season until the following April 1. It is unlawful
to have uncertified wild ginseng on hand from April 2 through the opening
of the next buying season

Illinois law defines cultivated ginseng as ginseng growing
in tilled beds under shade of artificial structures or under natural shade.
Ginseng seeded or transplanted into the woods but not tilled in beds is
considered wild ginseng. Illinois law only regulates commerce in the roots
of ginseng, not leaves or seeds.

Grower’s License

Persons growing cultivated ginseng in Illinois must obtain a Ginseng Growers License which cost $25.50 and is valid from April
1 of one year through March 31 of the following year. Licenses are available through DNR Direct license and permit vendors, online through the website at DNR Direct or by phone toll free @ 1-888-673-7648. For further questions, call the Commercial License/Permit Office at 217/785-3423.

Harvest

Cultivated ginseng can be harvested and marketed at any time by a licensed
grower.

Selling and Certification of Harvested Roots

Cultivated ginseng can only be sold to licensed Illinois ginseng dealers.
Dealers licenses are available to both residents and non-residents of
Illinois upon application to the Department of Natural Resources. All
ginseng originating in Illinois must be certified as to origin, quantity
and type by a certifying officer of the Illinois Department of Natural
Resources, Office of Law Enforcement. This certification must be done
within the boundaries of the state. A grower can have his crop certified
before sale or the licensed buyer can certify it after the purchase. If
a grower is selling to an out-of-state dealer, it would be to the dealer’s
advantage to have the ginseng certified by the grower. Certification will
only be accomplished within the borders of Illinois and requires the inspection
and weighing of the ginseng by the officer and the inspection of the grower’s
harvest records. The procedure for certifying ginseng may vary from year
to year. Licensed dealers and growers will be notified of current procedures
prior to the harvest season. Information on ginseng certification can
be obtained by phoning the ginseng program manager at 217/782-6431.

Selling and Buying Live Plants

Regulations permit the purchase of one and two year old live roots for
cultivation purposes without a dealer’s license. Growers who sell
live one and two year old ginseng roots for cultivation purposes do not
have to have these roots certified.

Records and Reports of Growers

Ginseng growers must keep a written record of the location and size of
their cultivated ginseng stands on forms provided by the Department of
Natural Resources. Such records shall contain:1. The area of stands in acres or square feet if a fraction of an acre;2. Whether stand is growing under natural (trees) or artificial shade;3. Legal location of a stand to the quarter section (40 acre tract).The above information must be reported to the Department of Natural Resources
by April 1 of each year or upon becoming licensed and planting a crop.
Ginseng growers must keep a written record of the harvest and sale of
cultivated ginseng on forms provided by the Department of Natural Resources
containing:

a) legal location of the stand(s) to the quarter
section from which cultivated ginseng on hand was harvested;b) date of harvest;c) weight of the harvested root, indicating
wet or dry;d) date of sale and to whom sold.

The written harvest records for cultivated ginseng must be available
for examination by officers of the Department of Natural Resources during
normal hours, and an annual report of harvest must be submitted to the
Department of Natural Resources upon sale of the season’s crop or
April 1 of the following year, whichever comes first.

Wild Ginseng

Harvest Regulations

Definition of Wild Ginseng

“Wild ginseng” as defined by law is the root of the ginseng
plant (Panax quinquefolius) which is growing in or has been collected
from its native habitat. Therefore, plants that have been transplanted
into their native habitat are considered wild ginseng. “Cultivated
ginseng,” means ginseng growing in tilled beds under shade of artificial
structures or under natural shade.

License

Any person engaged in digging or harvesting wild ginseng in Illinois
must have in their possession an Illinois ginseng harvester's license.
This license must be in their possession when selling ginseng. Harvester's
licenses cost $7.50. Licenses are available through DNR Direct license and permit vendors, online through the website at DNR Direct or by phone toll free @ 1-888-673-7648. For further questions, call the Commercial License/Permit Office at 217/785-3423.

Harvest Season

(note:
the text in blue is new for 2006)
The season for harvesting wild ginseng in Illinois is from the first Saturday
in September through November 1, annually. The season is the same statewide.The harvest of wild ginseng shall be limited to plants that are
10 years of age (4 leafed) or older. When harvesting wild ginseng, harvesters
shall plant all of the seeds from the harvested plants in the vicinity
of the parent plants in a manner that will encourage their germination
and growth.

Selling Ginseng

Wild Illinois ginseng can be sold only to licensed Illinois ginseng dealers.
Illinois dealers licenses are not limited to Illinois residents, and some
dealers in adjoining states are licensed to buy Illinois ginseng. Wild
ginseng can be sold only during the period from two weeks after the opening
of the harvest season through the following March 1. Possession of wild
ginseng during the period of March 2nd until opening of the
next harvest season is a violation of the law. The harvester of wild ginseng
must provide the dealer with his or her name, address, harvester license
number and the name of the county in which the ginseng was dug.

Ginseng harvested in other states can be sold to Illinois dealers provided
it is certified by the state of origin as having been legally harvested
in that state.

Theft of Ginseng

The digging and taking of ginseng from the property of another without
permission of the landowner is a violation of the law.

Penalties

License suspensions are now covered by the points system as outlined
in Ad Rule 2530. (Under the points system, if an individual receives a
citation and is found guilty he/she receives points against his/her license.
Once a certain number of points have been accumulated the dealer will
have his/her license suspended. The length of the suspension depends on
the number of points that are accumulated.) For additional information
on the points system you can contact our office at 217/782-6431 or visit
our website at http://www.dnr.illinois.gov/.

For further information contact the Illinois Department
of Natural Resources, Office of Law Enforcement, One Natural Resources
Way, Springfield, Illinois, 62702-1271, Telephone 217/782-6431.

Equal opportunity to participate in programs of the Illinois
Department of Natural Resources (IDNR) and those funded by the U.S. Fish
and Wildlife Service and other agencies is available to all individuals
regardless of race, sex, national origin, disability, age, religion or
other non-merit factors. If you believe you have been discriminated against,
contact the funding source’s civil rights office and/or the Equal
Employment Opportunity Officer, IDNR, One Natural Resources Way, Springfield,
IL., 62702-1271; 217/785-0067; TTY 217/782-9175.

This information may be provided in an alternative format if required.
Contact the DNR Clearinghouse at 217/782-7498 for assistance.

Printed by Authority of the State of Illinois
(RO-3267-5M-REVISED-8/03;04/09;)